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35. Jurors to be qualified as at assizes. No sittings in Devon till duchy council or commissioners shall direct. 36. Assessment of mines and minerals in Devon. 37. Commitment of prisoners in Devonshire.

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CAP. XXXVIII. £

38. Provision for the eventual establishment of a separate An Act to allow Spirit of Wine to be used Duty-free in the

court in Devonshire.

CAP. XXXIII.

An Act to prevent Doubts as to the Validity of certain Proceedings in the House of Commons.

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[15th June, 1855.]

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CCAP. XXXIV:

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An Act to provide for the Education of Children in the Receipt [26th June, 1855.]

of Out-door Relief. Sect. 1. Guardians may grant relief to enable certain poor persons to provide education for their children. 2. Poor-law Board may issue orders to regulate proceedings of guardians.

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3. Such education not to be a condition of relief.

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[26th June, 1855.] Sect. 1. A mixture of spirit of wine and methylic alcohol may be allowed duty-free for use in the arts or manufactures. 2. The mixture to be termed methylated spirit. 3. Persons (other than distillers or rectifiers) authorised to make methylated spirit to pay for a license for that purpose. of articles for mixing, and of methylated spirit, to be made 4. Places of mixing to be approved and entered ; and removal under the regulations of the commissioners.

5. Wood naphtha, &c. to be inspected by officer before mixing, and commissioners may provide the same.

6. Commissioners may provide warehouses and labour for mixing and storing methylated spirit, for a certain payment. 7. A stock account to be kept of methylated spirit in the

4. Cost of relief to be charged to the same account as possession of every maker. Excess of stock to be forfeited,

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5. Orphans and deserted children may be relieved. 6. Act to be construed with the 5 Will. 4, c. 76. Whereas it is expedient that means should be taken to provide education for the young children of poor persons who are relieved out of the workhouse: be it enacted &c.,

Sect. 1. That the guardians of any union or any parish in England wherein the relief to the poor is administered by a board of guardians may, if they deem proper, grant relief for the purpose of enabling any poor person lawfully relieved out of the workhouse to provide education for any child of such person between the ages of four and sixteen in any school to be approved of by the said guardians, for such time and under such conditions as the said guardians shall see fit.

2. Provided that the Poor-law Board may at any time issue their order to regulate the proceedings of the guardians with reference to the mode, time, or place in or at which such relief shall be given or such education received.

3. Provided also, that it shall not be lawful for the guardians to impose as a condition of relief that such education shall be given to any child of the person requiring relief.

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18. Methylated spirit to be delivered only from an entered place, and accompanied by a permit. Penalty for unlawful delivery or removal, 501. and forfeiture of the spirit.

9 Persons to be authorised by the commissioners to receive duty-free methylated spirit for use in the arts or manufactures. 10. Persons authorised to receive duty-free methylated spirit to give security for the proper use of it in their manufactures. 11. Enactments in former acts as to permits and certifi cates to be applied to permits, certificates, &c. under this act. 12. Persons ordering methylated spirit to fill up requisition and counterfoil, and produce the latter to officer when required. 13. Officers of excise may enter premises where methylated spirit is used, and inspect and take samples.

14. Commissioners may revoke authority to make or use methylated spirit, or approval of places for making or storing the same.

15. Makers not to supply methylated spirit to persons whose authority to use the same is revoked.

16. Methylated spirit found in the possession of a person not entitled to have the same, or in an unentered place, forfeited, and penalty incurred.

4. The cost of the relief so given for the education of any such child shall be charged to the same account as the other relief granted by the said guardians to the same poor person, and may be given by the said guardians, and recovered by 1 them as a loan, under the same circumstances and in like manner as such other relief.

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17. Commencement of act.

CAP. XXXIX.

An Act to facilitate Grants of Land and Tenements for the
Purpose of Religious Worship, and other Purposes connected
therewith, (Ireland).
[26th June, 1855.]

5. In the case of any child of such age as aforesaid relieved out of the workhouse, which child has been deserted by its parents or surviving parent, or both whose parents are dead, it shall be lawful for such guardians in their discretion, and with the like power of regulation on the part of the Poor-law Board as aforesaid, to grant relief for the purpose of providing An Act for further promoting the Establishment of free Public education for such child in any such school as aforesaid.

CAP. XL.

Libraries and Museums in Ireland. [26th June, 1855.]

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Sect. 1. Oaths may be administered by ambassadors and

other British ministers abroad.

2. Affidavits taken before ambassadors, Sc. abroad
may be used in courts in the United Kingdom.
3. Documents to be admitted in evidence without proof
of the seal or signature of the ambassador or other
official person.

4. Persons swearing or affirming falsely guilty of
perjury,

5. Persons forging seal or signature guilty of felony. Whereas by an act of the 6 Geo. 4, c. 87, powers are given to British consuls-general and consuls to administer oaths and do notarial acts in the foreign places to which they are appointed; and it is expedient that the like powers should be given to ambassadors and other diplomatic agents and to vice-consuls and consular agents abroad: be it enacted &c. as follows:

Sect. 1. From and after the passing of this act it shall and may be lawful for every British ambassador, envoy, minister, chargé d'affaires, or secretary of embassy or of legation exercising his functions in any foreign country, and for every British vice-consul, acting consul, pro-consul, or consular agent (as well as every consul-general or consul) exercising his functions in any foreign place, whenever he shall be thereto required, and whenever he shall see necessary, to administer in such foreign country or place any oath or to take any affidavit or affirmation from any person whomsoever, and also to do and perform in such foreign country or place all and every notarial acts or act which any notary public could or might be required and is by law empowered to do within the United Kingdom of Great Britain and Ireland; and every such oath, affidavit, or affirmation, and every such notarial act, administered, sworn, affirmed, had, or done by or before such ambassador, envoy, minister, chargé d'affaires, secretary of embassy or of legation, vice-consul, acting consul, pro-consul, or consular agent, shall be as good, valid, and effectual, and shall be of like force and effect, to all intents and purposes, as if such oath, affidavit, or affirmation, or notarial act respectively had been administered, sworn, affirmed, had, or done before any justice of the peace or notary public in any part of the United Kingdom of Great Britain or Ireland, or before any other legal or competent authority of the like nature.

2. Affidavits and affirmations so taken as aforesaid under the said act of Geo. 4 or this act shall and may be received, read, and made use of in and before any court of law or equity, or other judicature whatever, in any part of the United Kingdom, and the judges and officers thereof, in or in relation to any action, suit, cause, matter, or proceeding in or before any such court, or judicature, in like manner, and shall be of the same force and effect, as affidavits and affirmations taken in or before such court or judicature, or by any person duly commissioned or authorised by such court or judicature to take such affidavits or affirmations, and shall be filed and dealt with accordingly.

3. Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal and signature of any British ambassador, envoy, minister, chargé d'affaires, secretary of embassy or of legation, consul-general, consul, viceconsul, acting consul, pro-consul, or consular agent, in testimony of any such oath, affidavit, affirmation, or act having been administered, sworn, affirmed, had, or done by or before him, shall be admitted in evidence without proof of any such seal and signature being the seal and signature of the person whose seal and signature the same purport to be, or of the official character of such person.

4. Any person knowingly and wilfully making any false oath, affidavit, or affirmation before any person having authority to administer such oath or take such affidavit or affirmation under the said act of Geo. 4 or this act, shall be deemed guilty of perjury, and such offender may be charged, proceeded against, tried, and dealt with, in any county or place in the United Kingdom, in the same manner in all respects as if the offence had been committed in such county or place.

5. If any person shall forge any such seal or signature as aforesaid, or shall tender in evidence any such document as aforesaid with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be guilty of felony, and shall upon conviction be liable to penal servitude for the term of four years, or to be imprisoned, with or without hard labour, for any term not exceeding three years nor less than one year; and whenever any such document has been admitted in evidence by virtue of this act, the court or the person who has admitted the same may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of some officer of the court or other proper person for such period and subject to such conditions as to the said court or person shall seem meet'; and every person charged with committing any felony under this act may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed in the county, district, or place in which he may be apprehended or be in custody; and every accessory before or after the fact to any such offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence laid and charged to have been committed in any county, district, or place in which the principal offender may be tried.

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settlements, of their real and personal estate upon marriage.

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2. In case infant die under age, appointment, &c. to be void.

3. The sanction of the Court of Chancery to be given upon petition. |

4. Not to apply to males under twenty, or females under seventeen, years of age.

Whereas great inconveniences and disadvantages arise in consequence of persons who marry during minority being incapable of making binding settlements of their property; for remedy whereof be it enacted &c. as follows: lawful for every infant, upon or in contemplation of his or her Sect. 1. From and after the passing of this act it shall be marriage, with the sanction of the Court of Chancery, to make of all or any part of his or her property, or property over a valid and binding settlement, or contract for a settlement, which he or she has any power of appointment, whether real or personal, and whether in possession, reversion, remainder, or expectancy; and every conveyance, appointment, and assignment of such real or personal estate, or contract to make a conveyance, appointment, or assignment thereof, executed by such infant, with the approbation of the said Court, for the purpose of giving effect to such settlement, shall be as valid and effectual as if the person executing the same were of the fall age of twenty-one years: provided always, that this enactment shall not extend to powers of which it is expressly declared that they shall not be exercised by an infant.

2. Provided always, that in case any appointment under a power of appointment, or any disentailing assurance, shall have been executed by any infant tenant in tail under the provisions of this act, and such infant shall afterwards die under age, such appointment or disentailing assurance shall thereupon become absolutely void.

3. The sanction of the Court of Chancery to any such settlement, or contract for a settlement, may be given, upon petition presented by the infant or his or her guardian, în a summary way, without the institution of a suit; and if there be no guardian, the Court may require a guardian to be appointed or not, as it shall think fit; and the Court also may, if it shall think fit, require that any persons interested or

appearing to be interested in the property should be served with notice of such petition.

4. Provided always, that nothing in this act contained shall apply to any male infant under the age of twenty years, or to any female infant under the age of seventeen years.

CAP. XLIV.

An Act to amend an Act of last Session, to provide for the Establishment of a National Gallery of Paintings, Sculpture, and the Fine Arts, for the Care of a Public Library, and the Erection of a Public Museum, in Dublin.

CAP. XLV.

[2nd July, 1855.]

An Act for further assimilating the Practice in the County Palatine of Lancaster to that of other Counties with respect to the Trial of Issues from the Superior Courts at Westminster. [16th July, 1855.]

Her Majesty may issue commissions to Chief Justice, &c. of Common Pleas in the county palatine of Lancaster, &c., authorising them to take all the assizes, juries, &c. in the said county in like manner as in other counties. Whereas by the Common-law Procedure Act, 1852, sect. 103, it was enacted, that records of the superior courts at common law should be brought to trial and entered and disposed of in the counties palatine in the same manner as in other counties: and whereas it was provided by the 27 Hen. 8, c. 24, s. 5, that justices of assize to be made and assigned within the county palatine of Lancaster should be made and ordained by commis. sion under the King's usual seal of Lancaster, and in pursuance of the said proviso one chief justice and one other justice, being respectively judges of the superior courts at Westminster, have been from time to time constituted and ordained by grants contained in separate letters-patent under the seal of the county palatine of Lancaster: and whereas it is expedient to make further provision for assimilating the practice of the said county palatine of Lancaster to that of other counties with respect to the trial of issues from the superior courts of common law at Westminster: be it enacted &c. as follows:-It shall be lawful for her Majesty, her heirs and successors, hereafter to issue commissions of assize under the seal of the county palatine of Lancaster, directed to the judges appointed for the time being to the respective offices of chief justice and justice of Common Pleas within the said county palatine of Lancaster, and to such of her Majesty's counsel learned in the law, serjeants, and barristers-at-law, having patents of precedence, or precedence within the bar, of the county palatine of Lancaster, and other serjeants-at-law to be from time to time selected for that purpose, authorising and commanding them to take all the assizes, juries, and certificates, before whatever justices arraigned, in the said county of Lancaster, in like manner and with the like effect as such commissions are issued into other counties, together with the like writs or commissions of association, and other writs and proceedings, as in other counties; and that every person so authorised shall have the like power to be and act as a judge or commissioner of assize for the trial of issues from the superior courts of law at Westminster and other issues in the said county palatine of Lancaster as any person so authorised has in any other county, and shall also be deemed to be authorised by such commission, and shall thereby have full authority, to act as a judge for the trial of any issues of fact in any causes depending in the said Court of Common Pleas at Lancaster: provided, and it is declared, that nothing herein contained shall deprive the chief justice or justice appointed or so ordained as aforesaid, by grant contained in letters-patent, of any authority or jurisdiction to try issues from the superior courts at Westminster and other issues in the said county palatine of Lancaster, and that all trials of such issues heretofore had or to be had before such chief justice or justice constituted or ordained as aforesaid shall be deemed to have been and to be tried by competent authority; and that the acting prothonotary for the time being of the Court of Common Pleas at Lancaster shall continue to officiate as associate in the said county palatine of Lancaster as heretofore, and shall accordingly be named in such commissions of association and other writs and proceedings.

CAP. XLVI.

An Act for disafforesting the Forest of Woolmer. [16th July, 1855.]

CAP. XLVII.

An Act to continue an Act of the Eighteenth Year of her present Majesty, for charging the Maintenance of certain poor Persons in Unions in England and Wales upon the Common Fund. [16th July, 1855.]

Ports.

CAP. XLVIII.

An Act for the better Administration of Justice in the Cinque [16th July, 1855.] Sect. 1. Jurisdiction of Lord Warden in civil proceedings abolished.

2. Writs and judgments to be directed and executed in the Cinque Ports as in other places.

3. On petition of inhabitants of parishes within the Thanet Division, her Majesty may order such parishes to be part of said county, and county justices to have jurisdiction.

4. Justices of Kent empowered to levy county rates in the parishes and places which may be severed from Dover.

5. 51 Geo. 3, c. 36; 5 & 6 Will. 4, c. 135; and sect. 11 and part of sect. 10 of 6 & 7 Will. 4, c. 105, repealed as to places severed from Dover.

6. Places severed from Dover to continue liable to existing debt.

7. Saving as to persons committed or held to bail in places separate from Dover. 8. Compensations.

9. Prisoners in gaol of Dover Castle to be removed to county gaol.

10. Saving rights of Lord Warden, &c.

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2. Where the poor rate in the county and borough is not assessed upon a uniform principle, the proportions of contribution may be adjusted without regard to the poor rate valuation.

3. Boroughs situate in more than one county to contribute to each in proportion to the rateable value of the part within the same.

4. Foregoing provisions to extend to franchises.

5. In the county of Lincoln storehouses to be provided by the gaol sessions.

6. As to expenses of Militia Acts in the county of Susses. 7. The word " borough" to include any city or town named in Schedules (A.) and (B.) of the 5 & 6 Will. 4, c. 76, although such should be a county of itself.

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$44. In the case of societies whose rules are not certified, disputes between the society and its own members to be settled as in cases of certified societies. 215145. Returns to the registrar, when and how to be made. 46. Certain societies, established for granting annual -payments to nominees before the year 1850, to have privileges of this act.

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49. Interpretation of society."

50. Extension of act.

101 51. Commencement of act.

Whereas it would conduce to the improvement of the law

2. Societies under former acts to continue. 1 3. Their rules to continue in force, and inrolments to be relating to friendly societies if the several statutes relating

sent to registrar.

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4. All their contracts, and all bonds, &c. to them, to continue in force.

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5. Their exemptions, powers, and privileges under this

act....

6. Registrars, how and by whom appointed.. 7. Their salaries.

8. Their expenses of office, &c.

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9. Societies, how and for what purpose formed. For
payments on death. For relief in sickness, c.
For other purposes authorised by Secretary of
State, &c.

10. No money to be paid on the death of a child without
a copy of the entry of the registrar of deaths.
11. Benevolent societies, in what case entitled to the
benefits of this act.

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thereto were consolidated, and certain additions and alterations were made therein: be it therefore enacted &c.

Sect. 1. That there shall be hereby repealed the several acts or parts of acts set forth in the first schedule hereto, save and except as to any offences committed, or penalties or liabilities incurred, or bond or security given, or proceedings taken under the same, before the commencement of this act.

2. Provided nevertheless, that notwithstanding the repeal of the said several statutes, every friendly society now subsisting, which heretofore had been formed and established under the said acts or any of them, shall still be deemed to be and shall continue to be a subsisting society, as fully as if this act had not been made, unless and until such society shall be dissolved or united with some other society, as hereinafter mentioned. 3. Provided also, that the rules of every such subsisting society hitherto formed and established, which have been

12. Statutes as to unlawful oaths not to extend to hitherto confirmed, registered, or certified under the said acts

societies under this act or any repealed acts.

13. Societies, how dissolved.

or any of them, shall be deemed valid and in force until the same shall be altered or rescinded as hereinafter mentioned;

and all transcripts of any of such rules which are now filed with the rolls of the sessions of the peace of any county, riding or division, city or borough, liberty or place, shall be taken off the file, and shall be transmitted, on or before the 1st November, 1855, to the registrar under this act, to be by him kept in such manner as shall be directed from time to time by one of her Majesty's Secretaries of State in that behalf.

4. Provided also, that all contracts and engagements by or with any of the said societies now valid and in force, and all bonds and securities heretofore given by any trustee, treasurer, or other officer of any such society, shall continue and be valid and in force notwithstanding the repeal of the said acts.

5. All such subsisting societies whose rules have heretofore been confirmed, registered, or certified under the said acts or any of them, shall, so long as they shall not hereafter effect an assurance to any member thereof, or other person, of any sum exceeding 2004., or of any annuity exceeding 301. per annum, enjoy all the exemptions and privileges by this act conferred on societies to be established under the provisions of this act, as fully as if they had been registered and certified under this act as hereinafter mentioned.

6. For the purposes of this act there shall be three registrars of friendly societies, one for England, one for Scotland, and one for Ireland, who shall hold their respective offices during the pleasure of the Commissioners for the Reduction of the National Debt; and upon the death, resignation, or removal of any one of them, the said commissioners shall appoint another, being a barrister in England or Ireland, and in Scotland an advocate, of not less than seven years' standing, to the said office.

7. It shall be lawful for the Commissioners of her Majesty's Treasury to pay to the present registrar for England a salary equal to that which has been paid to him yearly in each of the three last years, not exceeding 10001. per annum, and to pay to any registrar hereafter to be appointed for England a salary not exceeding 8001. a year, and to pay to the registrars for Scotland and Ireland respectively a salary such as the said commissioners shall direct, not exceeding 1501. a year, every such salary to be paid by four equal quarterly payments; and any of the said registrars who shall be appointed, or who shall die, resign, or be removed from his office, in the interval between two quarterly days of payment, shall be entitled to a proportionate part of his salary, and such salaries and proportionate parts of salaries shall be paid out of such monies as shall be provided by Parliament for that purpose.

8. The said Commissioners of her Majesty's Treasury shall, out of such monies as may be provided by Parliament for the purpose, pay to the said registrars respectively such sum as will defray the expenses allowed by the said commissioners from time to time for office rent, salaries of clerks, stationery, computation of tables, and for such other expenses as may be incurred by them respectively.

9. It shall be lawful for any number of persons to form and establish a friendly society, under the provisions of this act, for the purpose of raising by voluntary subscriptions of the members thereof, with or without the aid of donations, a fund for any of the following objects; that is to say

1. For assuring a sum of money to be paid on the birth of a member's child, or on the death of a member, or for the funeral expenses of the wife or child of a member: 2. For the relief or maintenance of the members, their husbands, wives, children, brothers or sisters, nephews or nieces, in old age, sickness, or widowhood, or the endowment of members or nominees of members at any age:

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3. For any purpose which shall be authorised by one of her Majesty's Principal Secretaries of State, or in Scotland by the Lord Advocate, as a purpose to which the powers and facilities of this act ought to be extended: Provided that no member shall subscribe or contract for an annuity exceeding 301. per annum, or a sum payable on death, or on any other contingency, exceeding 2007.:

And if such persons so intending to form and establish such society shall transmit rules for the government, guidance, and regulation of the same to the registrar aforesaid, and shall ob tain his certificate that the same are in conformity with law, as hereinafter mentioned, then the said society shall be deemed to be fully formed and established from the date of the said certificate.

10. In any society in which a sum of money may be assured payable on the death of a child under ten years of age it shall

not be lawful to pay any sum for the funeral expenses of such child except upon production of a copy of the entry in the register of deaths, signed by the registrar of the district in which the child shall have died; and if such entry shall not state that the cause of death has been certified by a qualified medical practitioner, or by a coroner, a certificate signed by a qualified medical practitioner, stating the probable cause of death, shall be required, and it shall not be lawful in that case to pay any sum without such certificate; and no trustee or officer of any society, upon an assurance of a sum payable. for the funeral expenses of any such child, made after the passing of this act, shall knowingly pay a sum which shall raise the whole amount receivable from one or more than one society for the funeral expenses of a child under the age of five years to a sum exceeding 67., or of a child between five and ten years to a sum exceeding 107., and any such trustee or officer who shall make any such payment otherwise than as aforesaid, or who shall pay any sum without indorsing the amount which he shall pay on the back or at the foot of the copy of entry signed by the said registrar, shall be liable to a penalty not exceeding 51. for every such offence, upon conviction thereof before two justices of the county or borough in which such death shall have taken place; the said registrar shall be entitled to receive, upon delivery of such copy of entry for the purpose of receiving money from a friendly society, a fee of is., and it shall not be lawful for him to deliver more than one such copy for such purpose, except by the order of a justice of the peace. 11. And whereas many provident, benevolent, and charitable institutions and societies are formed and may be formed for the purpose of relieving the physical wants and necessities of persons in poor circumstances, or for improving the dwellings of the labouring classes, or for granting pensions, or for providing habitations for the members or other persons elected by them, and it is expedient to afford protection to the funds thereof be it enacted, that if two copies of the rules of any such institution or society, and from time to time the like copies of any alterations or amendments made in the same, signed by three members and the secretary thereof, shall be transmitted to the registrar aforesaid, such registrar shall, if he shall find that the same are not repugnant to law, give a certificate to that effect; and thereupon the following sections of this act, that is to say, the 17th, 18th, 19th, 20th, 21st, 22nd, 40th, 41st, 42nd, and 43rd, shall extend and be applicable to the said institution and society, as fully as if the same were a society established under this act,

12. The act of the 39 Geo. 3, c. 79, and the act of the 57 Geo. 3, c. 19, and also the act of the 14 & 15 Vict. c. 48, relating to unlawful oaths in Ireland, shail not extend to any society established under this act or any of the acts hereby repealed, or to any meeting of the members or officers thereof in which society or at which meeting no business whatever is transacted other than that which directly and immediately relates to the objects of the society as declared in the rules thereof, and set forth in the certified copy thereof; provided that the trustees or other officers of the society, when required under the hands of two of her Majesty's justices of the peace, shall give full information to such justices of the nature, objects, proceedings, and practices of such society, and in default thereof the provisions of the acts herein recited shall be in force in respect of such society.

13. It shall be lawful for the members of any society heretofore formed and established, or hereafter to be formed and established, at some meeting thereof to be specially called in that behalf, to dissolve or determine the same by consent: provided that no society established under this or any act relating to friendly societies shall be dissolved or determined without obtaining the votes of consent of five-sixths in value of the then existing members thereof, including the honorary members, if any, to be ascertained in manner hereinafter mentioned, nor without the consent of all persons, if any, then receiving or then entitled to receive any relief, annuity, or other benefit from the funds thereof, to be testified under their hands individually and respectively, unless the claim of every such person be first duly satisfied, or adequate provision made for satisfying such claim; and for the purpose of ascertaining the votes of such five-sixths in value of the members as aforesaid, every member shall be entitled to one vote, and an additional vote for every five years that he may have been a member, but no one member shall have more than five votes in the whole; and the intended appropriation or division of the funds or other property shall be fairly and

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